Omaha daily bee., 1887-04-17
ENTRUSTED TO THE TWELVE
Arguments Finished and the naddock Case
Given to the Jury.
LAYS DOWN THE LAW
A Very voiuminous Charge, Occupy
ing One Hour and Twenty Mtn.
utcs-The Rcshit Awaited
With Great Interest.
The Haddock Jury Rctircs.

SIOUX CITY, Ia, April 16.-Ilon. NJ. D.
OConnell concluded his argument before
the grand jury in the Haddo.ck case at about
8 D. m today, and after a short recess Judge
Lewis began with his instructions, which
took until 4:So, at which time the jury re-
tired. There Is much speculation rs to what
the verdict will be, and 1t is awaited with
much interest. The trial began March %
and has lasted twenty-four full days.
The instructions Of Judge Lewis to the
Jury are quite voumlnous. The reading of
them occupied one hour and twenty minutes.
The preliminary instructions define the
degrees of murder in the state Of Iowa, ac-
cording to which murder in the first degree
killing, or killing by person, or lying in
wait. The judge instructed the Jury that
under ,hn s,i, the asnS Indictment % for murder in
even q verdict for simple assault. The
vital point of the instruction. however, was
that relatingIt to the question of conspiracy,
upon which question the great battle of the
case was fought, and the court instructed the
jury that the question OF the existence of
conspiracy was one properly raised under the
indictment for murder. and 1t is "a question
of fact for the jury to decide, and If tho jury
shall find that there was a conspiracy to kill
Haddock and the defendant was one OF the
parties to it, then the court instructs
that he may be found guilty Of murder
IN tne HTSt degrees, even tlOuEn ne did not
himself fire the fatal shot and even though
he were not present when the shot was fired.
If the jury shall find that there was O con-
Spiracy ITO assault and do bodily Injury to
Haddock and the defendant was party to
the conspiracy, and if in carrying out the un-
lawful attempt, Haddock was killed, though
not originally intended to do so, then the
court instructs that the defendant may be
found guilty of murder. When the jury shall
find that there was q conspiracy to either
to kill or assault lIaddock, then all the
declarations and acts of all tho parties to the
conspiracy IN pursuance thereof, although
not in the presence of the defendant were to
bo considered as proper defense for the de-
fense for the consideration of tho Jury. In
regard to the defense of an alibi the court In
structed that 1t was one easily manufactured
and that IL must be supported by apreponder-
ance Of the evidence and the evidence in sup
port of it is to be considered with caution.
The sensational feature of the charge
was that In which the court alluded to ono
trial said member had showed a stubborn
disposition aud determination not to con-
slider or study the evidence. The court said
he had never before seen in the jury box so
fragrant violation of the duty of a juryman,
and he added that the juryman to whom
he referred was not Adalr, in
regard to whose conduct outside
of the court room criticism had been made
In the public prints. The court expressed
the hope that the juryman whom he had re-
buked would dispose himself to a better
course when the jury retired to its room. At
II o'clock tonight the jury had not returned
from its room, and there is no prospect of
hearing from II tonight